Section 1470.10  Application of Part 1470

 

a)         This Part shall apply to non-relocation towing as defined in Section 1470.20.

b)         This Part shall apply to the following types of transportation, except to the extent that the particular movement is exempt from Commission jurisdiction under Section 18c-4102 of the Illinois Commercial Transportation Law ("Law") (Ill. Rev. Stat. 1986 Supp., ch. 95½, par. 18c-4102):

1)         Transportation of accidentally wrecked or disabled vehicles by wrecker or towing equipment;

2)         Transportation of replacement vehicles;

3)         Towing of wheeled property other than vehicles;

4)         Any other transportation in relation to accidentally wrecked or disabled vehicles; and

5)         Any other transportation within the definition of "non-relocation towing" as defined in Section 1470.20.

c)         This Part shall not apply to the following types of transportation:

1)         The relocation of trespassing vehicles from private property where such relocation is subject to regulation under the Illinois Commercial Relocation of Trespassing Vehicles Law; and

2)         Transportation which is exempt from Illinois Commerce Commission ("Commission") jurisdiction under Section 18c-4102 of the Law.

d)         Except as provided in this Part, non-relocation towing shall be governed by the rules of the Illinois Commerce Commission generally applicable to motor carriers of property.

e)         Where this Part conflicts with any other Commission rules governing commercial transportation generally or motor carriers of property in particular, the provisions of this Part shall govern.

 

Section 1470.20  Definitions

 

            "Non-relocation towing" means the for-hire transportation of vehicles by use of wrecker or towing equipment, other than the removal of trespassing vehicles from private property subject to the provisions of the Illinois Commercial Relocation of Trespassing Vehicles Law and the for-hire towing of wheeled property other than vehicles (Section 18c-1104(21) of the Law, Ill. Rev. Stat. 1987, ch. 95½, par. 18c-1104(21)).

 

            "Owner's agent" means the spouse, child, brother, sister, or parent of the owner; the owner's attorney; the duly appointed personal representative of a deceased or disabled owner.  "Owner's agent" does not include any insurance company or agent or any person who engaged in a primary business of non-relocation towing.

 

            "Person engaged in non-relocation towing between July 1, 1985 and January 1, 1986" means any natural person, partnership, or corporation which, in its own name or as the employee or agent of another person, engaged in non-relocation towing, as defined in this Section, at any time between the foregoing dates, regardless of whether such towing was or is subject to the jurisdiction of the Commission.

 

            "Primary towing" means towing of wrecked or accidentally disabled vehicles from the point of wreck or disablement to the initial place of repair or impoundment.

 

            "Roll-back car carrier or trailer" means a vehicle equipped with a tilting bed which either uses a winch to draw wheeled property onto the bed on its own wheels or is designed so that wheeled property can be driven or propelled on its own wheels onto the bed, and any trailer which is specially designed to transport wheeled than two vehicles (See Section 18c-1104(39) of the Law, Ill. Rev. Stat. 1987, ch. 95½, par. 18c-1104(39)).

 

            "Secondary towing" means towing of wrecked or accidentally disabled vehicles beyond the initial point of repair or impoundment.

 

            "Towing" means pulling or pushing by use of a tow truck or auxiliary axle.

 

            "Tow truck" means a truck designed or altered, equipped, and used to push, tow, or draw vehicles by means of a crane, hoist, towbar, towline, or tow dolly, or to render assistance to disabled vehicles.

 

            "Vehicles" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway.

 

            "Wheeled property other than vehicles" means an item, other than a freight trailer, with permanently affixed wheels but with no built-in means of propulsion, designed to be towed by a vehicle (e.g. cement mixer or mobile home).

 

            "Wrecker or towing equipment" means tow trucks or auxiliary axles, when used in relation to towing accidentally wrecked or disabled vehicles; and roll-back carriers or trailers, when used in relation to transporting accidentally wrecked or disabled vehicles.  Wrecker or towing equipment does not include car carriers or trailers other than roll-back car carriers or trailers (Section 18c-1104(39) of the Law).

 

(Source:  Peremptory amendments at 12 Ill. Reg. 12122, effective July 13, 1988)

 

Section 1470.100  Application Forms

 

a)         The Commission's Special Application for Non-Relocation Towing License form may be used by a person seeking a non-relocation towing license if the person:

1)         Is applying under the provisions of Sections 18c-5303 and 18c-5304 of the Law, (Ill. Rev. Stat. 1986 Supp., ch. 95½, pars. 18c-5303 and 18c-5304);

2)         Is seeking authority only to the extent of its non-relocation towing operations between July 1, 1985 and January 1, 1986;

3)         Was engaged in non-relocation towing between July 1, 1985 and January 1, 1986; and

4)         Has a place of business located in Illinois.

b)         The Commission's Standard Application for Non-Relocation Towing License form may be used by a person seeking a non-relocation towing license if the person:

1)         Is applying under the provisions of Sections 18c-5303 and 18c-5304 of the Law;

2)         Was not engaged in non-relocation towing between July 1, 1985 and January 1, 1986;

3)         Is seeking authority only for non-relocation towing, but seeks authority beyond the territorial scope of its non-relocation towing operations between July 1, 1985 and January 1, 1986; or

4)         Qualifies to use the Special Application for Non-Relocation Towing License form but elects not to use such form.

c)         If authority to engage in transportation other than non-relocation towing is requested, neither the Special Application (subsection (a)) nor the Standard Application (subsection (b)) may be used.

 

Section 1470.110  Authority Descriptions

 

a)         Commodity descriptions.  Applications for a non-relocation towing license must indicate that the applicant seeks either:

1)         Authority to engage in non-relocation towing generally; or

2)         Authority to engage in non-relocation towing of vehicles.

b)         Territory descriptions.  Applications for a non-relocation towing license must either:

1)         Describe the authorized territory radially and must identify a point on the Illinois Highway Map issued by the Secretary of State as the center of the radius.  The identified point may be a municipality or other location designated by a dot on the map.  If a city is over 15,000 in population, an intersection of roads visible on the map must be identified as the center of the radius; or

2)         Describe the authorized territory as "Between all points in Illinois."

 

Section 1470.115  Presumption of Public Need

 

a)         A person engaged in non-relocation towing between July 1, 1985 and January 1, 1986 can make a prima facie showing of public convenience and necessity to the extent of its operations during this period by affirming that it engaged in such operations, provided the license application is filed on or before May 27, 1987 (Section 18c-5304 of the Law).

b)         An applicant may submit tow tickets or other documentation showing the extent of its operations.

c)         If an applicant does not submit documentation, an applicant's operations will be presumed to have been:

1)         Movements within a 50 mile radius of its principal place of business in Illinois;

2)         Movements from points within the 50 mile radius to points in Illinois; and

3)         Movements from points in Illinois to points within the 50 mile radius.  (Section 18c-5304 of the Law)

 

Section 1470.120  Temporary Licenses

 

a)         Applications for temporary licenses must be supported by a verified statement of public need in accordance with Section 18c-5304 of the Law.

b)         Where the application shows that the applicant was engaged in non-relocation towing between July 1, 1985 and January 1, 1986, the application form will constitute the verified statement required under this Section.

c)         Where the application does not show that the applicant was engaged in non-relocation towing between July 1, 1985 and January 1, 1986, the application must be accompanied by verified statements from the applicant and one or more supporting shippers or other knowledgeable persons, showing a need for the proposed service.

 

Section 1470.200  Use of Mileage or Hourly Rates Authorized

 

Rates for non-relocation towing may be on a mileage or unit of time (hourly) basis.

 

Section 1470.210  Mileage Determinations

 

a)         Odometer readings.  Odometer readings from the vehicle used in providing non-relocation towing service may be used in computing charges for the transportation.

b)         Any dispute concerning the accuracy of the odometer reading shall be resolved by reference to:

1)         A mileage guide, if one has been adopted by the carrier pursuant to 92 Ill. Adm. Code 1365 for this purpose; or

2)         The Illinois Highway Map issued by the Secretary of State, if no mileage guide has been adopted by the carrier.

 

Section 1470.220  Unit of Time Determinations

 

a)         Record of beginning and ending times.  Where unit of time (hourly) rates are used, the beginning and ending times of service must be shown on the tow ticket (or freight bill).

b)         Shipper certification of times.  The beginning time of service must be initialed by the shipper.  The ending time of service must be initialed by the shipper, unless the shipper refuses to initial the ending time, in which case the tow ticket (or freight bill) shall so state.

 

Section 1470.230  Tariff Rules

 

a)         Rules issued by the carrier governing application of rates applicable to non-relocation towing may be established by:

1)         Publication or adoption of a rules tariff pursuant to 92 Ill. Adm. Code 1365;

2)         Publication of rules in the rate tariff itself; or

3)         Adoption by reference of a special rules tariff published by the Commission staff.

b)         Use of Commission form.  To the extent that a carrier is engaged in non-relocation towing, it may satisfy requirements as to tariff content and form for such transportation by filing a completed copy of the Commission's Non-relocation Towing Tariff, regardless of whether the carrier's license specifically authorizes non-relocation towing or authorizes transportation within the category of non-relocation towing.

 

Section 1470.240  Maximum Rates

 

Any rate actually charged for non-relocation towing, unless otherwise specified in the tariff published and in effect for such service, shall be the maximum rate which may be charged by carriers participating in the tariff for such service.

 

Section 1470.300  Use of Tow Tickets

 

a)         Tow tickets, as prescribed in Section 1470.310 of this Part, may be used in lieu of freight bills and bills of lading to satisfy record-keeping requirements under 92 Ill. Adm. Code 1415.

b)         Each vehicle being used in non-relocation towing, subject to Commission jurisdiction, must carry a tow ticket executed for the movement and containing all of the information required under Section 1470.310.

 

Section 1470.310  Contents of Tow Tickets

 

Tow tickets, when used in lieu of freight bills and bills of lading to satisfy record-keeping requirements under 92 Ill. Adm. Code 1415, must be consecutively numbered in the carrier's series and must contain the following information:

a)         The license plate or vehicle identification number of any vehicle being transported unless neither number is available to the carrier, in which case this must be noted on the tow ticket and the vehicle described in accordance with subsection (b);

b)         A description of any wheeled property other than a vehicle, including color, manufacturer's trade name, and type of property;

c)         The name, address, and telephone number of the vehicle or property owner or other person who authorized the transportation or towing;

d)         The date(s) and time(s) the transportation or towing occurred;

e)         The locations from which and to which the vehicle or other property was transported or towed;

f)         Starting and finishing times and/or other units necessary to assess applicable rates;

g)         A designation of the movement as either:

1)         Secondary transportation of a wrecked or disabled vehicle,

2)         Transportation of a replacement vehicle to the site of wreck or disablement,

3)         Towing of wheeled property other than vehicles,

h)         The name of the towing company as it appears on its Commission license;

i)          The signature of the driver; and

j)          A statement that failure to complete the tow ticket or entry of false information on the tow ticket is a violation of the Law, subject to sanctions provided therein.

 

Section 1470.330  Exemption from Annual Reports

 

Any requirement that motor carriers of property file annual reports shall not apply to holders of non-relocation towing licenses.

 

Section 1470.400  Fees Generally

 

Except as otherwise provided in this Part, the provisions of 92 Ill. Adm. Code 1205 shall be applicable to non-relocation towing.

 

Section 1470.410  Fee for Petition to Intervene

 

Each petition for leave to intervene in opposition to an application for a non-relocation towing license must be accompanied by a filing fee of $100.

 

Section 1470.500  C.O.D. Shipments

 

a)         Posting of a C.O.D. (collect on delivery) bond shall not be required in relation to non-relocation towing.

b)         Other provisions of 92 Ill. Adm. Code 1425 are applicable to non-relocation towing.

 

Section 1470.600  Intervention in Opposition

 

a)         Each petition for leave to intervene in opposition to a non-relocation towing license application must set forth specific facts which the petitioner alleges which would bear on the issuance of the license under Section 18c-5303 or Section 18c-5304 of the Law.

b)         Each petition to intervene shall be accompanied by a filing fee of $100 (See Section 1470.410).

c)         Petitions to intervene shall be filed pursuant to the Commission's Rules of Practice, 83 Ill. Adm. Code 200.

 

Section 1470.700  Transportation at Owner's Request

 

a)         This Part does not apply to transportation of vehicles pursuant to the written authorization of the owner or owner's agent as defined in Section 1470.20.  Such transportation is exempt from the jurisdiction of the Commission under Section 18c-4102 of the Illinois Commercial Transportation Law.

b)         The Commission's Written Authorization to Tow Form (Exhibit A), if accompanied by proof of ownership of the vehicle and proper identification of the owner or owner's agent, may be used to evidence the required authorization.

 

(Source:  Peremptory rule added at 12 Ill. Reg. 12122, effective July 13, 1988)

Section 1470.EXHIBIT A   Written Authorization to Tow Form

 

1)	I,						, am the owner or owner's agent (spouse, child,
brother, sister, parent, attorney or court appointed legal representative ONLY may be considered to be owner's agent) of the following vehicle:
2)
	Make						Model				Year
	VIN #
	License Plate # (Include State)
3)	My address is:
	Street
	City						State				Zip Code
4)	This authorization is hereby given to
									of
								, to tow the vehicle described above.
5)	I hereby state and affirm, under oath, that I am the duly authorized owner or owner's agent
of the vehicle described above.
Date:				Signature:
Instructions – Written Authorization to Tow Form
All parts of this form must be legible, in ink or typewritten, and completely filled out.
Line 1 – Fill in your complete name. Note that only certain persons may qualify as owner's agent.
Line 2 – Give make, model and year of vehicle being towed. Also include VIN (Vehicle Identification Number) number and license plate number (including state).
Line 3 – Provide your complete mailing address.
Line 4 – Fill in full name of person towing the vehicle and complete mailing address.
Line 5 – Sign in ink and date. Note that the permission you provide in this form is under oath.
Special Note: Other State and local requirements concerning proof of ownership and identification of owner or owner's agent may have to be met before the vehicle may be released.

 

(Source:  Peremptory rule added at 12 Ill. Reg. 12122, effective July 13, 1988)